Hashemi v R [2016] NSWCCA 229

Hashemi v R [2016] NSWCCA 229

The conviction was quashed as the applicant's guilty plea was based on incorrect legal advice, and there was no evidence establishing the requisite intent required by s 93GA(1) of the Crimes Act 1900 (NSW); therefore, a miscarriage of justice occurred.

Jurisdiction
Australia
Judgment Date
18 October 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; matter remitted for hearing de novo.
Legal Topics
['conviction Appeal' 'discharge Firearm at Dwelling House' 'plea of Guilty Based on Incorrect Legal Advice' 'accessory After the Fact' 'remitter for Hearing De Novo']
['criminal Law'] ['conviction Appeal' 'discharge Firearm at Dwelling House' 'plea of Guilty Based on Incorrect Legal Advice' 'accessory After the Fact' 'remitter for Hearing De Novo']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the applicant had the requisite intent to be convicted of the offence under s 93GA(1) of the Crimes Act 1900 (NSW)' 'Whether a miscarriage of justice occurred due to the guilty plea being based on incorrect legal advice']

Ratio Decidendi

The conviction was quashed as the applicant's guilty plea was based on incorrect legal advice, and there was no evidence establishing the requisite intent required by s 93GA(1) of the Crimes Act 1900 (NSW); therefore, a miscarriage of justice occurred.

Court Disposition

Appeal allowed; conviction quashed; matter remitted for hearing de novo.

Orders

  • ['Time for filing the Notice of Appeal be extended pursuant to s 10(3) of the Criminal Appeal Act 1912 (NSW).' 'Appeal against conviction of the charge under s 93GA(1) of the Crimes Act 1900 (NSW) be allowed.' 'Leave to withdraw the plea of guilty be granted.' 'The conviction on the charge under s 93GA(1) of the...